Motions for Modification and Motions for Contempt are the two most common post-judgment divorce motions in Connecticut.
Motions for Contempt are typically filed to enforce an existing court order. For example, where a parent owes child support or wrongfully withheld visitation.
In Connecticut, noncompliance of a valid court order is not enough to have a judge hold someone in contempt. The judge must consider the circumstances surrounding the alleged violation and determine whether the violation was willful.
So what does this mean in terms of preparing for a contempt hearing?
You must be prepared. Sounds obvious. But prepared with witnesses for testimony and other documents for the judge to review.
A person cannot be held in contempt simply based on arguments from the parties or other unsworn testimony. The judge must base their decision on evidence.
Don’t just show up to Court and “wing it.”
Get organized with the presentation of your evidence.
Or go home disappointed.